Legal Opinion

Hogeland v. Sibley

New York Court of Appeals

Decided June 16, 1977PublishedCited by 146 opinions

1Opinion of the CourtFuchsberg, J.

The main issue on this appeal is whether the defendant-appellant The Berenson Corporation is entitled to recover on its cross claim for contractual indemnity against its lessee, the codefendant Sibley, Lindsay & Curr Co., pursuant to certain clauses of the lease between these parties. Since they were landlord and tenant, a subsidiary issue involves in the effect, if any, of section 5-3211 of the General Obligations Law on the enforceability of the lease’s indemnity provisions.

Berenson owns the Irondequoit Shopping Center; Sibley, which operates a large department store in the center, is the…

2Cases cited12 opinions

  1. Dole v. Dow Chemical Co.New York Court of Appeals · 1972
  2. Thompson-Starrett Co. v. Otis Elevator Co.New York Court of Appeals · 1936
  3. Levine v. Shell Oil Co.New York Court of Appeals · 1971
  4. Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
  5. Kirshenbaum v. General Outdoor Advertising Co.New York Court of Appeals · 1932

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3Cited by146 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Rosado v. Proctor & Schwartz, Inc.New York Court of Appeals · 1985
  3. Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
  4. Great Northern Insurance v. Interior Construction Corp.New York Court of Appeals · 2006
  5. Richard Drzewinski v. Atlantic Scaffold & Ladder Co.New York Court of Appeals · 1987

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